Hussain (not precedential): General Reference To BIA Enough To Preserve Issues

Hussain v. Mukasey
No. 06-2576
2008 WL 83847
January 9, 2008
Not Precedential

Judges Fisher, Hardiman, and Aldisert. Decision by Judge Fisher. John J. Hykel of Philadelphia for Mr. Hussain. For the government, Mary R. Pelletier of the Tax Division and Nancy E. Friedman of OIL.

The Third Circuit held that the BIA erred by concluding that Mr. Hussain did not raise a particular in his appeal of the denial by IJ Miriam K. Mills. In his brief to the BIA, he explained past events and that a well-founded fear of persecution can be based on past persecution. The BIA erred by concluding that Mr. Hussain did not raise the issue of past persecution.

The Third Circuit overturned the BIA and remanded the case for further proceedings.